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2020 DIGILAW 461 (RAJ)

Mohammed Jameel v. State

2020-03-03

VINIT KUMAR MATHUR

body2020
JUDGMENT Vinit Kumar Mathur, J. - S.B. Criminal Miscellaneous Bail Application No. 1185/2020 : 1. Learned counsel for the petitioner submits that he does not want to press the present bail application at this stage. 2. Accordingly, the bail application is dismissed as not pressed at this stage. S.B. Criminal Miscellaneous Bail Application No. 857/2020 : 3. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 274/2019, Police Station Sangaria, District Hanumangarh for the offences under Sections 08/15, 29 of NDPS Act. 4. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 5. It is submitted by learned counsel for the petitioner that the petitioner was neither present at the time of the recovery of the contraband nor any contraband has been recovered from him. He further submits that except the call details between the petitioner and the persons from whom the recovery has been made, there is no evidence against the present petitioner so as to connect him with the recovery of contraband in question. He further submits that charge sheet in the case has been filed. Therefore, it is prayed that the petitioner may be enlarged on bail. 6. The learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 7. Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sushil Kumar @ Angrej S/o Shri. Jagdish arrested in connection with F.I.R. No. 274/2019, Police Station Sangaria, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- (Rupees: One Lac Only) with two sureties of Rs. 50,000/- (Rupees: Fifty Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.